Page 459 - THE ONTARIO CURRICULUM, GRADES 11 AND 12 | Canadian and World Studies

C2. Development of Human Rights Law
FOCUS ON: Continuity and Change
By the end of this course, students will:
C2.1 explain the concepts of justice, equity, and inclusiveness and the ways in which they influence human rights law in Ontario and Canada (e.g., through the requirement for procedural fairness, the principle of protecting and expanding existing rights, the principle of providing equal access to justice for people in isolated communities and for marginalized/disadvantaged groups)
C2.2 analyse how various social factors have contributed to change over time in Canadian human rights law (e.g., factors such as changing social values, the impact of technological develop- ments, increasing environmental awareness, changing demographics, changing social attitudes underpinning the findings and recommendations of the Royal Commission on the Status of Women in Canada)
C2.3 analyse and describe how the actions of various individuals and groups have contributed to the development of human rights law in Canada (e.g., Clara Brett Martin, Viola Desmond, Richard Sauvé, Neil Stonechild, Henry Morgentaler, Delwin Vriend, the Association in Defence of the Wrongfully Convicted, the Assembly of First Nations, the John Howard Society, the Canadian Civil Liberties Association)
C2.4 analyse landmark cases related to human rights law in Canada and assess their significance (e.g., cases related to women’s rights [the Persons Case]; assisted suicide [Rodriguez v. British Columbia (Attorney General), 1993]; religious discrimination [Roncarelli v. Duplessis, 1959]; racial profiling [R. v. Brown, 2003]; rights of the disabled [R. v. Latimer, 1997]; wrongful convic- tion/exclusion of evidence [the case of Donald Marshall, Jr., 1983]; wrongful conviction/role of forensic evidence [the cases of David Milgaard, William Mullins-Johnson, or Guy Paul Morin]; young people claiming equal social assistance [Gosselin v. Quebec, 2002])
Sample questions: “What are the similarities and differences in the role played by forensic evidence in the Milgaard, Morin, and Mullins- Johnson cases? Which case has had the most significant impact on Canadian law regarding the admissibility and credibility of forensic evidence in a criminal trial?”
C3. Protecting Rights and Freedoms
FOCUS ON: Legal Significance; Interrelationships; Legal Perspective
By the end of this course, students will:
C3.1 explain the significance for human rights in Canada of historical and contemporary laws and judicial and other inquiries/commissions (e.g., Chinese Head Taxes; Ontario Regulation 17; the War Measures Act [specifically, the power it grants government to override individual rights in times of“national emergency”]; the Canadian Human Rights Act; the Ontario Human Rights Code; Royal Commissions on Bilingualism and Biculturalism, the Status of Women, or Aboriginal People; the Marshall Inquiry; the Indian Residential Schools Truth and Reconciliation Commission)
C3.2 assess from a legal perspective the differences between the rights protections entrenched in the Constitution Act, 1982, and the rights protection afforded by earlier legislation such as the Canadian Bill of Rights
C3.3 explain how human rights legislation and the courts attempt to balance minority and majority rights (e.g., through provisions regarding reasonable accommodation; through provisions regarding alternative sentencing practices for First Nations, Métis, and Inuit people; through provisions regarding the ability to exercise the right to minority language education)
C4. Legal Limitations of Human Rights
FOCUS ON: Legal Significance; Legal Perspective
By the end of this course, students will:
C4.1 analyse from a legal perspective situations
in which a right or freedom may be limited in Canadian law (e.g., with reference to section 1 and section 33 in the Canadian Charter of Rights and Freedoms, decisions by courts and human rights commissions, anti-terrorism legislation)
C4.2 evaluate the legal arguments used to justify laws limiting individual rights and freedoms (e.g., laws against promotion of hatred and incite- ment to violence) or institutional and/or police powers (e.g., laws against invasion of privacy, laws related to youth crime)
RIGHTS AND FREEDOMS
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Understanding Canadian Law
CLU3M